Officers suspended on full pay

Freedom of information request reference no: 01.FOI.23.029779

I note you seek access to the following information:

1. Can you provide details of the numbers of the total number of police officers with associated rank who are currently suspended on full pay

2. I also like the number who have been suspended for more than one year; two years three years; four years and the number suspended for five years or more with associated ranks.

3. I would also like details of the reasons why officers are suspended

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 40(2)(a)(b)&(3)(a)(i) – Personal Information

Reason for decision

The Section 40(2) Exemption has been utilised because ranks other than PC have been removed and replaced with ‘xx’. This is because, for ranks other than PC, the numbers are low and the MPS believes that release of these details could lead to the identification of individuals. This constitutes personal data which would be in breach of the rights provided by the DPA (Data protection Act) 2018 and GDPR (General Data Protection Regulation), if released.

It is important to note that a Freedom of Information Act request is not a private transaction. Both the request itself and any information disclosed are considered suitable for open publication, that is, once access to information is granted to one person under the Act, it is then considered public information and must be communicated to any individual should a request be received. Any information released under the Act is also published on the MPS website.

Section 40(2)(a)(b) and (3)(a)(i) - Personal Information - In order to apply the Section 40(2) exemption the disclosure of the requested information must satisfy either the first, second or third conditions as defined by subsections 3(a), 3(b) and 4(c) of the Data Protection Act 2018.

The first condition ensures that the exemption would apply in circumstances where the disclosure of the information would breach any of the Data Protection Act 2018 principles.

There are six Data Protection principles set out in the 2018 act and these can be found at section 34.

In this instance I have decided that the disclosure of ranks other than PC constitutes Personal Data and its release would be incompatible with the first Data Protection principle which states that the processing (in this case the disclosure) of the data must be both lawful and fair.

Disclosure

Please find attached Excel Spreadsheet with the information requested with reference to the number of police officers currently suspended on full pay, together with duration of suspension and reasons for suspension. As mentioned above, ranks other than PC have been replaced with ‘xx’ for the reasons stated.

Misconduct proceedings can take a considerable period of time to complete. Reasons for this can include criminal proceedings, including court trials, taking primacy over misconduct hearings and the ill-health of officers delaying misconduct proceedings. Suspensions for all officers are reviewed monthly and any significant updates such as the conclusion of criminal proceedings are considered when deciding if suspension is still appropriate.

We have been clear that we recognise the importance of carrying out and completing misconduct proceedings in a timely manner. The Met’s Directorate of Professional Standards is taking numerous steps, including the recruitment of additional officers, to ensure that this happens.